Find solution
A question concerning Civil and Private Law?

Question concerning Business Law/Ethics?

  • Andrew, a resident of California, received an advertising circular in the U.S. mail announcing a new line of regional cookbooks distributed by the Every Kind Cookbook Co. Andrew didn't want any books and threw the circular away. Two days later, Andrew received in the mail an introductory cookbook entitled Lower Mongolian Regional Cookbook, as announced in the circular, on a "trial basis" from Every Kind. Andrew did not go to the trouble to return the cookbook. Every kind demanded payment of $20.95 for the Lower Mongolian Regional Cookbook. Discuss whether Andrew can be required to pay for the book?

  • Answer:

    Nope, If he received the book and was under no obligation ( he gave no aknowledgement of the request to buy the book ) to "Every Kind" not only is he not legally required to pay he can keep the book.

Sandra at Yahoo! Answers Visit the source

Was this solution helpful to you?

Other answers

Under state and federal law, because Andrew did not order the book, and it was sent to him without his request (as opposed to being a mistake), he may legally consider it a gift. He may dispose of it any way he sees fit and he does not need to return it or pay for it. It would be illegal for the company to send him such a gift without actually stating upon it that it was a gift. It would be illegal for the company to ask him to pay for such a gift or to ask him to return it. Not only does Andrew not need to pay for the gift, he can sue the company for unfair and deceptive business practices and also file a complaint with the state attorney general's office of consumer protection and the Federal Trade Commission. He may also file a criminal complaint for attempted fraud by deception. Had Andrew not been an informed consumer, the company might have succeeded in bullying him into paying for merchandise for which he had no obligation. If Andrew is a senior citizen, sentencing guidelines may also provide for an enhanced penalty against the company, as a punishment for attempting to take advantage of the elderly.

Related Q & A:

Just Added Q & A:

Find solution

For every problem there is a solution! Proved by Solucija.

  • Got an issue and looking for advice?

  • Ask Solucija to search every corner of the Web for help.

  • Get workable solutions and helpful tips in a moment.

Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.